From
Chris Hartmann
Title
SU141103B - Specific Use Permit Renewal - 301 N Belt Line Road (City Council District 5). Renewal of Specific Use Permit No. 945A (Ordinance No. 10031-2016) permitting the operation of a Quick Lube & Tune Services and Auto Tire Sales & Installation facility. The 0.821 acre property, addressed as 301 N. Belt Line Road, is generally located at the northwest corner of Small Hill St. and N. Belt Line Rd. The property is zoned General Retail (GR) District. The applicant is Aladdin Hamed. (On December 5, 2016, the Planning and Zoning Commission recommended approval to renew this SUP by a vote of 6-0).
Presenter
Executive Director Bill Crolley
Recommended Act
Approve
Analysis
PURPOSE OF REQUEST:
Renewal of Ordinance No. 10031-2016 for a Specific Use Permit for Major Auto Repair and Auto Body and Paint Uses.
ADJACENT LAND USES AND ACCESS:
|
Direction |
Zoning |
Existing Land Use |
|
North |
GR |
City of Grand Prairie - Water Utilities |
|
East |
GR |
Grand Prairie Baptist |
|
West |
GR |
City of Grand Prairie - Water Utilities |
|
South |
GR, CBD 2 |
Restaurant/Schlotzsky’s Deli |
PROPOSED USE AND CHARACTERISTICS
The applicant is proposing to expand non-conforming use of Auto Tire Sales and Installation. By receiving a Specific Use Permit, the property will be in a legal conforming status. The applicant is also proposing, as part of the expansion, to add Quick Lube and Tune Services, comprising of oil changes with minor auto repair.
The current 2185sqft building has 3 vehicle bays. The proposed new building will add 2400sqft and with another 3 vehicle bays. The applicant will be adding new concrete and expanding the parking areas and adding landscaping to comply with current zoning regulations.
Operations:
Car Zone is open Monday through Saturday from 8AM to 6PM and employee at least 3 full time employees. The business will provide several automotive services; oil changes, auto tire sales and installation, and minor auto repair. The site will have 6 vehicle bays; 2 bays for oil changes, 2 bays for tire installation, and 2 bays for minor auto repair. A detailed operational plan is attached to this report. The operational plan mentions old tires being stored on a trailer and routinely transported to a tire disposal site once a week; however, accessory outside storage is prohibited within a General Retail (GR) District and would not be permitted.
Parking and Access:
The property fronts on both N. Belt Line Rd. and Small Hill St. Currently, the site has 3 access points along Small Hill St and 2 access points along Belt Line Rd. The applicant will be required to close the access point closest to the Belt Line Rd/Small St intersection. The applicant has also proposed to close the existing access point closest to the west property line along Small Hill St.
The proposed development will meet the parking requirements in the UDC. The table below provides an analysis of the parking requirements for vehicles sales.
|
Standard |
Parking Rate |
Required |
Provided |
Meets |
|
Total Parking Spaces |
1/400sqft |
12 |
12 |
Yes |
|
Handicapped Spaces |
1-25 Spaces |
1 |
1 |
Yes |
Dimensional and Paving Requirements:
The proposed site plan meets all the minimum density and development standards of the UDC, except for one item; the required front setback along Belt Line Rd. The site has an existing canopy that extends further than is allowed by today’s standards. The posts of the canopy meet the required set . The table below provides an analysis of the minimum development standards for a General Retail (GR) District.
|
General Retail (GR) |
|
Standard |
Required |
Provided |
Meets |
|
Minimum Site Area |
5,000sqft |
42,780sqft (0.98acres) |
Yes |
|
Minimum Lot Width |
50ft |
209ft |
Yes |
|
Minimum Lot Depth |
100ft |
160ft |
Yes |
|
Front Yard - Belt Line |
25ft |
25ft |
No |
|
Front Yard - Small St |
25ft |
25ft |
Yes |
|
Side Yard - Internal |
10ft |
80ft |
Yes |
|
Rear Yard |
0ft |
32ft |
Yes |
|
Floor Area Ratio |
0.5:1 |
0.13:1 |
Yes |
|
Maximum Height |
25ft |
16ft |
Yes |
|
Paving |
Concrete or Equivalent |
Concrete |
Yes |
Landscape and Screening:
The landscape plan is consistent with the landscape requirements of Article 8 of the Unified Development Code. The follow table is an analysis of the proposed landscaping.
|
Landscaping and Screening: Commercial (C) District |
|
Standard |
Required |
Provided |
Meets |
|
Overall Landscape (5%) |
1,387sqft |
1,479sqft |
Yes |
|
Minimum Front Yard Landscaping (75%) |
1041sqft |
1223sqft |
Yes |
|
Shrubs |
|
Standard |
Required |
Provided |
Meets |
|
Total Shrubs(1) |
36 |
27 + 1 tree = 37 |
Yes |
|
Trees(2) |
|
Standard |
Required |
Provided |
Meets |
|
Total Trees(3) |
3 Trees |
9 Trees |
Yes |
(1) - 1 shrub per 50sqft of required landscaping; Min 5-gallon shrub.
(2) - Required trees must be allocated; 1st to street trees, 2nd to parking lot trees, and 3rd to site trees.
(3) - 1 tree per 500sqft of required landscaping; Min. 3-inch caliper tree.
Elevations and Masonry:
The Unified Development Code requires all non-residential structures in General Retail (GR) districts, excluding doors and windows, to be constructed of 100% masonry. This development will be constructed of 100% brick.
Dumpster Enclosure:
The applicant is proposing a dumpster enclosure, consistent with the design requirements of the Unified Development Code; a 12ftx12ft pad site with masonry walls at least 6ft in height, and a screening gate.
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Future Land Use Map (FLUM) of the 2010 Comprehensive Plan shows this area as appropriate for Commercial/Retail/Office uses. With a specific use permit for Quick Lube and Tune Services and Auto Tire Sales and Installation, this development will be consistent with the FLUM.
RECOMMENDATION:
Staff recommends approval of the renewal of the SUP.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING ORDINANCE AND MAP BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR THE SIX (6) MONTH RENEWAL OF A SPECIFIC USE PERMIT FOR QUICK LUBE AND TUNE SERVICES AND AUTO TIRE SALES AND INSTALLATION IN THE GENERAL RETAIL (GR) DISTRICT, TO WIT: BEING A TRACT OF LAND LOCATED IN THE CHARLES CAMPBELL SURVEY, ABSTRACT No. 376, GRAND PRAIRIE, DALLAS COUNTY, TEXAS (SEE EXHIBIT “A” FOR COMPLETE LEGAL DESCRIPTION), SAID ZONING MAP AND ORDINANCE BEING NUMBERED ORDINANCE NUMBER 4779 AND PASSED ON NOVEMBER 20, 1990; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL.
WHEREAS, on December 9, 2014, the City Council approved, via case number SU141103 and Ordinance No. 9803-2014, a request for a Specific Use Permit for Quick Lube and Tune Services and Auto Tire Sales and Installation within a General Retail (GR) District; and
WHEREAS, on April 19, 2016, the Grand Prairie City Council approved the renewal, via Ordinance No. 10031-2016 (Planning Case File No. SU141103A), of Ordinance No. 9803-2014 authorizing a Specific Use Permit for Quick Lube and Tune Services and Auto Tire Sales and Installation within a General Retail (GR) District; and
WHEREAS, said Ordinance No. 10031-2016 stipulated that the Grand Prairie City Council shall conduct a public hearing in six (6) months after approval of said Ordinance to confirm continued compliance with adopted development standards and all applicable codes; and
WHEREAS, Staff has verified that the subject property is in substantial compliance with the approved development standards and applicable code and hereby recommends approval of the renewal of Ordinance No. 10031-2016 for a Specific Use Permit for Quick Lube and Tune Services and Auto Tire Sales and Installation within a General Retail (GR) District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on December 5, 2016, following legal notice of such public hearing before the Planning and Zoning Commission had been published in the paper of record, for the proposed renewal of the existing Specific Use Permit for Quick Lube and Tune Services and Auto Tire Sales and Installation within a General Retail (GR) District; said Notice having been given not less than ten (10) days before the date set for hearing, and
WHEREAS, after consideration of said application, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 6 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to grant a six (6) month renewal of existing Specific Use Permit for Quick Lube and Tune Services and Auto Tire Sales and Installation within a General Retail (GR) District; and
WHEREAS, Notice was given of a further public hearing to be held by the City Council of the City of Grand Prairie, Texas, in the City Hall Plaza Building at 6:30 o'clock P.M. on Jnauary 10, 2017 to consider the advisability of amending the Zoning Ordinance and Map as recommended by the Planning and Zoning Commission, and all citizens and parties at interest were notified that they would have an opportunity to be heard, such Notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the, Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality; and
WHEREAS, all citizens and parties at interest have been given an opportunity to be heard on all the matter of the Specific Use Permit and the City Council of the City of Grand Prairie, Texas, being informed as to the location and nature of the specific use proposed on said property, as well as the nature and usability of surrounding property, have found and determined that the property in question, as well as other property within the city limits of the City of Grand Prairie, Texas, has changed in character since the enactment of the original Zoning Ordinance to the extent that a specific use may be made of said property as herein provided and by reason of changed conditions, does consider and find that this amendatory Ordinance should be enacted since its provisions are in the public interest and will promote the health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION I.
That Ordinance Number 4779, being the Unified Development Code of the City of Grand Prairie, Texas, showing the locations and boundaries of certain districts, and said Zoning Ordinance and Map having been made a part of an Ordinance entitled:
"THE UNIFIED DEVELOPMENT CODE OF THE CITY OF GRAND PRAIRIE, TEXAS, AS PASSED AND APPROVED BY THE CITY COUNCIL ON THE 20TH DAY OF NOVEMBER, 1990, TOGETHER WITH ALL AMENDMENTS THERETO AND ENACTING A REVISED ORDINANCE ESTABLISHING AND PROVIDING FOR ZONING REGULATIONS; CREATING USE DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN..."
and passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 945B for the property location described as follows:
301 N. Belt Line Road, the legal description as shown in Exhibit “A”.
SECTION II: Definitions
Auto Tire Sales and Installation: Means the retail sales and indoor installation of tires, wheels, and typically includes wheel balancing, alignment and repair of previously installed tires or wheels.
Minor Auto Repairs: Means a maintenance, repair, or replacement procedure, which may include, but not be limited to, the repair or replacement of the following mechanical components: alternator, generator, starter, water pump, battery, change of oil and filter, fan belt or hoses, lamp replacement, repair of flat tires, brakes or other minor part thereof, distributor cap, rotor, or spark plug.
Quick Lube and Tune Services: Means a business or facility where the principal use is changing oil, lubrication, and minor auto repair. This may also include state vehicle inspections and minor repairs necessary to pass the state requirements. (See Minor Auto Repairs)
SECTION III: Specific Use Permit
FOR OPERATION OF A SPECIFIC USE PERMIT FOR QUICK LUBE AND TUNE SERVICES AND AUTO TIRE SALES AND INSTALLATION WITHIN A GENERAL RETAIL (GR) DISTRICT:
1. The development shall conform to the City Council approved Site Plan: Exhibit B - Site Plan/Dimensional Control Plan, Exhibit C - Building Elevations, and Exhibit D - Site/Parking Areas & Landscape Plan.
2. As outlined within the submitted Operational Plan contained within the Specific Use Permit Application File No. SU141103, and as more specifically stated and codified herein, the development shall adhere to the following operational standards:
a. All operations shall be conducted entirely on-site. The public right-of-way shall not be used for maneuvering of customer vehicles;
b. The existing drive accesses nearest to the Belt Line Rd/Small Hill St intersection shall be closed as shown in the approved site plan, Exhibit B;
c. The existing drive access along Small Hill St, nearest to the west property line shall be closed as shown in the approved site plan, Exhibit B;
d. All vehicle work shall be done indoors;
e. Outside displays shall be limited to an area not to exceed 40sqft and in no case shall the outdoor displays be placed more than 10ft away from the primary building’s outside wall.
f. All vehicles shall be parked on city approved surfaces.
g. Parking or storage of inoperable vehicles, as defined by the Unified Development Code (UDC), shall be prohibited.
3. All operations shall maintain compliance with all federal, state and local regulations;
4. All operations shall maintain compliance with City Ordinance No. 7408 Automotive Related Business (ARB) regulations;
5. All operations shall practice all best management practices listed in its storm water pollution prevention plan;
6. A Texas Commission of Environmental Quality (TCEQ) closure report for removal of underground storage tanks are required and shall be submitted to Environmental Services before approval of any building permit;
7. Before any permit is issued, an official plat shall be filed with the county;
8. Future expansions to this facility will require the submittal of a revised site plan for review and approval to the Planning Department.
SECTION IV: Compliance
All development must conform to the approved Development Plans, which are herein incorporated by reference.
1. By this Ordinance, this Specific Use Permit for Quick Lube and Tune Services and Auto Tire Sales and Installation within a General Retail (GR) District shall automatically terminate, in accordance with Section 5.4.1 of the Unified Development Code, upon cessation of said use for a period of six (6) months or more.
2. Furthermore, by this SUP Ordinance, the City Council shall conduct a public hearing six (6) months after City Council adoption of this Ordinance to confirm compliance with all applicable codes, which shall include, but not be limited to, the requirements of this SUP Ordinance, the Unified Development Code, the City of Grand Prairie Code of Ordinances, city adopted building codes, city adopted fire codes and with other applicable regulatory requirements administered and/or enforced by the state and federal government.
3. The operation of this Specific Use Permit shall be in strict compliance with the requirements of this SUP Ordinance, the Unified Development Code, the City of Grand Prairie Code of Ordinances, city adopted building codes, city adopted fire codes, and with other applicable regulatory requirements administered and/or enforced by the state and federal government.
4. It shall be unlawful for the owner, manager, or any person in charge of a business or other establishment to violate the conditions imposed by the City Council when a Specific Use Permit is granted, and the violation of those conditions could result in a citation being issued by the appropriate enforcement officers of the City of Grand Prairie. Violation of this provision may be punishable in accordance with Section 1-8 of the Code of Ordinances of the City.
5. This Specific Use Permit shall run with the land and therefore may be transferred from owner to owner; however, each new owner shall obtain a new Certificate of Occupancy.
6. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its SUP number and title.
SECTION V.
It is further provided that in case a section, clause, sentence or part of this Ordinance shall be deemed or adjudged by a Court of competent jurisdiction to be invalid, then such invalidity shall not affect, impair or invalidate the remainder of this Ordinance.
SECTION VI.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION VII.
That this Ordinance shall be in full force and effect from and after its passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS the 10th DAY OF JANUARY, 2017.
Ordinance no. 10216-2017
Case No. SU141103B
Specific Use permit no. 945B